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Employment Law – New Employer Liable in Confidential Information Case

Employment Law – Background

The following is a recent example of where a new employer was stung for the wrongs a new employee committed against their former employer …

Employment Law – The Case

In essence:

  • Lifeplan and Foresters were competitors in the business of funds management and the provision of investment products, principally for the purpose of funeral plans
  • whilst employed by Lifeplan, a manager emailed confidential Lifeplan documents to his personal email address and used these documents to prepare a business plan which he then presented to Foresters with the assistance of another manager
  • at the same time, both managers solicited the business of several funeral companies and service providers in order to secure business for Foresters and themselves
  • the managers used Lifeplan contracts, brochures and other marketing materials to prepare similar documents for themselves, and utilised Lifeplan’s printing company to generate this material
  • Lifeplan commenced proceedings against the managers and Foresters (who by this time employed the managers)
  • Continue reading…

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Proposed increases to penalties for offences under the Contaminated Land Management Act

The NSW Government is proposing changes to the Contaminated Land Management Act 1997 (NSW).

Some of the changes include increasing the maximum penalty for a company to $1M for some offences and the potential requirement of companies to provide financial assurance (such as bank guarantee) to cover environmental management orders.

If you are a company that develops land in NSW or you think the activities on your land may give rise to contamination, contact our Commercial and Business Lawyer Parramatta for further business legal advice.

Phillip Brophy – phillipb@matthewsfolbigg.com.au or 9635 7966